The URL can be used to link to this page

Home My WebLink AboutUPI Storm System Oregon and E A StreetSTORM SYSTEM AGREEMENT THIS STORM SYSTEM AGREEMENT is entered this j tl day of-Nevember 2015, by and between UPI Property LLC, a Washington Limited Liability Corporation, (hereinafter referred to as "Owner"), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of storm system improvements. WHEREAS, UPI Property LLC has purchased the real property adjacent to Tommy's Steel and Salvage Inc for commercial use; The real property is to be known as U Pull It and said real property is situated within the limits of the City of Pasco; and WHEREAS, UPI Property LLC will complete Right of Way Improvements at S Oregon Ave and E A St, including curb and gutter, sidewalk and asphalt patching; and WHEREAS, UPI Property LLC will be installing a curb and gutter at an existing driveway approach radius return at E A St; at this radius return there is catch basin that is connected to the City of Pasco Storm System; the catch basin is in need of repair and shall be replaced. The catch basin's east invert pipe to the existing storm manhole at E A St is bent and aligned outside of the right way. Also, any connections from the catch basin to the property shall be capped off; and WHEREAS, the parties, desire by this cooperation agreement, to jointly participate in the cost of the storm system improvements that provides benefits to the property. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. OWNER OBLIGATIONS. Owner shall: A. Be responsible for the costs associated with the furnishing of materials and labor, and construction of a 24in catch basin. B. Be responsible for the costs associated with repairing the lid of the existing storm manhole. 2. CITY OBLIGATIONS. City shall: A. Be responsible for difference in cost to increasing the 24in catch basin to a 48in catch basin, including the cost of additional asphalt repair around the 48in catch basin. Storm System Agreement — UPI Property LLC November 24, 2015 Page 1 C) (0-)-� B. Be responsible for the cost to remove the existing 15in concrete pipe including digging, removal and disposal between the catch basin and the storm manhole. C. Be responsible for the cost to install a new 18in pipe and backfill between the catch basin and the stone manhole. D. Be responsible for the cost to remove the existing damaged 48in storm manhole and install a new 48in storm manhole at the same location, including digging, removal, disposal, and backfill. E. Provide inspection services during the course of construction consistent with the level of effort utilized on other capital and development projects within the City, or as may be required to ensure the required quality of the completed work. F. Be responsible for direct reimbursement to the contractor, Badger Development LLC, for: the increase in cost between a 24in catch basin to a 48in catch basin; the replacement of the damaged 15in concrete pipe with an 18in pipe; and the replacement of the damaged 48in storm manhole, as shown in the construction cost prepared by Badger Development LLC, dated August 27, 2015 and included in Exhibit A. The City's share of the construction costs shall not exceed $18,706.35, said amount includes Washington State Sales Tax. G. Upon satisfactory completion of the improvements described above, accept the improvements as described above, and as an in-kind replacement of a city asset and the maintenance and operation of the improvements thereafter. p�� 3. TERM. This Agreement shall be effective commencing on the day � of i�ave�ubef- 2015, and all improvements, conveyances and obligations of the parties shall be complete on or before December 12, 2015. The Agreement shall terminate on July 1, 2016, or with the completion and acceptance of the storm system improvements, whichever is sooner. 4. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A. UPI Property LLC. B. City of Pasco by the Pasco City Council. The officers signing below are authorized to do so and that the execution of this Storm System Agreement is valid and binding for all purposes. Storm System Agreement — UPI Property LLC Page 2 November 24, 2015 5. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. 6. INDEMNITY. The Owner shall assume the risk of, be liable for, and pay for damage, loss, cost and expense of any party arising out of the performance of this Agreement, except that caused by negligence and/or willful misconduct solely of the City and its employees acting within the scope of employment. The Owner shall hold harmless from and indemnify the City against all claims, losses, suits, action, cost, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property of business, and/or any death, injury or disability to or of any person or party, including any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the performance of the Contract or any act, error or omission of the Owner, Owner's employees, agents, contractors or subcontractors, whether by negligence or otherwise. The Owner's obligation shall include but not be limited to investigation, adjusting, and defending all claims alleging loss from action, error or omission or breach of any common law, statutory or other delegated duty of the Owner, Owner's employees, contractors, agents or subcontractors. 7. GENERAL PROVISIONS. A. This Storm System Agreement constitutes the entire agreement between the parties, and no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all parties. B. This Storm System Agreement shall be binding on the parties, and their heirs, successors and assigns. C. For the purpose of this Agreement, time is of the essence. 8. MUTUAL COOPERATION AND FURTHER AGREEMENTS. The parties agree to cooperate in good faith, with regard to each and every aspect required for the completion of the construction of the roadway which is the object of this Agreement, and the transfer of property, and to further sign all documents, deeds and permits reasonably necessary to accomplish the purposes of this Agreement. R DATED this l l day of ialdWeverti1$�r'` 2015 Storm System Agreement — UPI Property LLC Page 3 November 24, 2015 CITY OF PASCO TEa e , City Manager STATE OF WASHINGTON) County of Franklin On this da of 2015, personally appeared before me 'bA,11- �9 \\ for the City of Pasco, Washington, described in and who executed the within and foregoing mstrurnent, and acknowledged he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this day o�, 2015. NOTARY PVPLIC in Residing at My Commission Expires UPI PROPERTY LLC l � � Z M Forcum STATE OF WASHINGTON) ss. County of Franklin State of Washington PUBLIC 71 3 /'0� � iOF ll A5 ` \`` On this 25 day of n)ovcx4t5E2 , 2015, personally appeared before me MAc< W �64 .urv1 described in and who executed the within and foregoing instrument, and acknowledged he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this g c-- day of rjD! � , 2015. NOTARY PUBLI in and fdr t if Washington Residing at kap My Commission Expires Storm System Agreement — UPI Property LLC Page 4 November 24, 2015